· 10/7/1997
William Fazio v. City and County of San Francisco Arlo Smith
Citations
- 125 F.3d 1328
- 97 Cal. Daily Op. Serv. 7865
- 97 Daily Journal DAR 12677
- 13 I.E.R. Cas. (BNA) 603
- 1997 U.S. App. LEXIS 27289
- 1997 WL 612904
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Pickering balancing is not reached if the Branti exception applies
- stating that the relevant inquiry is whether “political considerations are appropriate requirements for the effective performance of the job”
- assistant district attorney handled high profile cases and was often quoted by media on matters of public interest
- “[T]he term policymaker as used in this context does not mean ‘one who makes policy.’ Rather, the term refers to a position in which political considerations are ‘appropriate requirements] for the effective performance of the public office involved.’ ”
- “[T]he term policymaker as used in this context does not mean ‘one who makes policy.’ Rather, the term refers to a position in which political considerations are ‘appropriate requirement[s] for the effective performance of the public office involved.’ ”
- “We hold that Assistant [District Attorney] Fazio was a policymaker. While his powers under the San Francisco Charter are identical to those of a rank and file ADA, they are also nearly identical to those of the actual DA.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Aldisert, Choy, Thompson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.